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(영문) 광주지방법원 2015.02.04 2014가단21392
채무부존재확인
Text

1. With respect to the accidents described in paragraph 1 of the Schedule, time-limit for the insurance contract described in paragraph 2 of the Schedule.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Details of the terms and conditions of the insurance contract (1) around March 5, 2010, the Defendant is the Defendant as the insured between the Plaintiff and the Plaintiff, and the Defendant is an insurance contract listed in attached Table 2, including a security agreement covering three million won of the purchase amount of the insurance contract and a security agreement covering five million won of the purchase amount of the insurance contract (except for summary indictment).

(2) Of the instant insurance contract terms and conditions, the key contents of the “defense cost” clause and the “defense cost (excluding summary indictment)” clause are as follows.

(hereinafter “Special Terms and Conditions of this case”)

1. The secured damage company is bound by the warrant of detention by the prosecution (hereinafter referred to as "prosecution") because it is difficult for the insured (subject to insurance) listed in the insurance policy (certificate of insurance) to inflict an injury on another person's body (other than physical assistive equipment, such as acceptance, will, bill and note; hereinafter the same shall apply) due to a sudden and incidental motor vehicle accident (hereinafter referred to as "accident") which occurred while driving a motor vehicle during the insurance period of this Special Terms and Conditions (hereinafter referred to as "insurance Period"). If the insured (subject to insurance) is indicted by the prosecution, it shall pay the purchase amount of the insurance policy of this Special Terms and Conditions per accident as defensive costs.

2.A non-guaranteed damage company shall not guarantee any loss that occurs on the following grounds:

(3) When the insured (person insured) has caused an accident and escaped (excluding a summary indictment), the special terms and conditions of defense costs (excluding a summary indictment))

1. A damage company shall ensure that the insured (subject to insurance) as stated in the insurance policy (certificate of insurance) is a motor vehicle which occurs in the course of driving a motor vehicle during the insurance period of this Special Terms and Conditions (hereinafter referred to as "insurance period") (excluding two-wheeled motor vehicles as defined in Article 2 of the Enforcement Rule of the Motor Vehicle Management Act).

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